HomeMy WebLinkAbout2019-4-3 Project Description and Letter of Justification
1
April 3, 2019
2902 West Coast Highway
Project Description and Letter of Justification
Project Description
The project proposes to establish a fine dining restaurant with (1) a main level with an
interior bar/lounge area and (2) a partially-covered, second level outdoor terrace with a separate
bar/lounge and seating area (the “Project”) located at 2902 West Coast Highway (“Project
Site”).
The Project Site is a single parcel totaling approximately 14,026 square feet. The Project
Site is occupied by an approximately 9,478.72 square feet (gross floor area) existing building
which will be retained and re-purposed for restaurant use and other retail. The gross floor area of
the proposed Project is approximately 7,705 square feet. The Project Site is surrounded by
existing commercial uses, including Sterling BMW and restaurants. The Project Site is located
more than 320 feet from the nearest residential structure. The Project Site is located on the
inland side of West Coast Highway and is separated from Newport Harbor by West Coast
Highway and private property currently occupied by multi-story commercial buildings.
The Project is within the coastal zone and is subject to the City’s Local Coastal
Program. The City’s General Plan designates the Project Site as Mixed Use Horizontal 1 (MU-
H1). The City’s Coastal Land Use Plan (“CLUP”) designates the site as Mixed Use
Horizontal. The coastal zoning district is Mixed Use – Mariners’ Mile (MU-MM). These land
use and zoning designations permit development of properties fronting on West Coast Highway
with freestanding commercial uses, including food service uses with alcohol service. The
General Plan, for instance, notes that the Mariners’ Mile area presents an opportunity for reuse of
underperforming properties for visitor-serving uses. (General Plan Policies LU 3.3 and LU
6.19.4.) The proposed Project would be consistent with the General Plan’s and CLUP’s vision
for Mariners’ Mile by providing additional visitor-serving and neighborhood serving uses in this
area which facilitates and increases public access to the coastal zone.
The restaurant would include 5,052 square feet of net public area1, comprised of (1)
2,517 square feet of first level net public area and (2) 2,535 square feet of net public area on the
second level outdoor terrace.2 A total of 213 seats would be provided, with seating for 112 and
101 people provided on the main floor and the outdoor terrace, respectively.
The Project Site is bordered by West Coast Highway to the south, existing commercial
buildings to the north, the China Palace restaurant to the east, Enterprise Car Rental to the west,
and the U.S. Post Office to the northwest. The proposed restaurant would have a zero foot
setback from the property to the west, a 7-foot setback on the south frontage, and approximately
1 “Area, net public” is defined at Newport Beach Municipal Code (“NBMC”) Section 21.70.020 as the total area
used to serve customers, including customer sales and display areas, customer seating areas, service counters and
waiting areas, but excludes restrooms, kitchens, offices, storage and other similar areas.
2 For purposes of parking, the total net public area is 4,423 square feet, which deducts 25% of the total net public
area of the outdoor dining terrace, consistent with NBMC Section 21.40.040.
2
April 3, 2019
10-foot setbacks along the east and northern frontages. The building would be constructed to a
maximum height of 31 feet to the peak of the wood trellis and outdoor terrace bar roof, which
extends approximately 11 feet from the finished floor of the outdoor terrace. The Project
proposes a limited elevator overrun that would extend to a maximum height of 32 feet 3 inches.
Because the Project Site is located within the Shoreline Height Limit Area which does not
provide height exceptions for elevator overruns, the Project requests an increase in the maximum
height allowed to accommodate the elevator shaft overrun. The requested 32 feet 3 inch
maximum height is below the maximum height limit (35 feet) authorized by the Shoreline Height
Limit Area (NBMC Section 21.30.060(C). The elevator enclosure would occupy approximately
80 square feet of rooftop area.
The restaurant is thoughtfully designed to offer patrons a variety of options to suit the
occasion, such as communal or more intimate seating options. The design also incorporates an
inside courtyard with trees and other greenspace elements, as well as the outdoor terrace that
allows patrons to enjoy food and/or drinks under the stars. The restaurant, which would serve
both food and alcohol, would operate from 10:00 AM to 2:00 AM, Monday – Thursday, and
9:00 AM to 2:00 AM, Friday – Sunday. The menu would include a wide variety of fine dining
options. Any alcohol service would be subject to compliance with the strict licensing
requirements of the California Department of Alcoholic Beverage Control. A maximum of
approximately 15 to 24 employees are anticipated to be working at the restaurant during normal
business hours, depending upon the time of day. All employees will utilize off-site parking.
For purposes of parking, the Project’s anticipated parking is considered in conjunction
with the parking spaces and uses existing within the Garden, the existing shopping center within
which the Project Site is located. The Garden currently has a total of 123 parking spaces
available for use by existing and future tenants, including the Project. With the Project, all
employees of The Garden, including employees associated with the proposed restaurant, would
be required to park off-site at the to-be-constructed 215 Riverside Avenue (“215 Riverside”)
building, which would be located approximately 250 feet from the Project Site. When
completed, 215 Riverside will have approximately 3,000 square feet of general office uses and
48 total parking spaces. 12 of the parking spaces will be required to serve the office uses, but the
remainder spaces (36) will be available for parking employees of The Garden. If the Project
commences operation prior to the completion of 215 Riverside, alternative off-site parking
sufficient to accommodate parking of all employees will be secured in the interim.
Required Entitlements
1. Coastal Development Permit to permit the restaurant use and height limit exceedance.
2. Conditional Use Permit for restaurant use with late hours, accessory alcohol service, and
parking plan.
3. Site Development Review for the height limit exceedance.
4. Operator License
5. Traffic Study
The Planning Commission is the municipal body with authority to review and approve all
of the entitlements, except the Operator License, which is issued by the Chief of Police. The
3
April 3, 2019
Chief of Police’s approval of the Operator License may be appealed to the City Manager. All
Planning Commission approvals may be appealed to the City Council.
4
April 3, 2019
Letter of Justification
Coastal Development Permit (NBMC Section 21.52.015)
The Project is within the Coastal Zone and, therefore, requires approval of a coastal
development permit (“CDP”).
Finding 1
The project conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding
1. The 2902 West Coast Highway building proposes a maximum gross floor area of
approximately 8,452 square feet. Although the maximum FAR permitted by the Local
Coastal Program (“LCP”) is 0.5 FAR (7,013 square feet), the Project Site is occupied by an
existing building which consists of approximately 9,478.72 square feet of floor area and is
considered a non-conforming structure as to permitted floor area. (NBMC Section
21.38.030.C.) The City’s LCP permits changes to non-conforming structures if the
alterations do not increase the degree of nonconformity. (NBMC Section 21.38.040.D.) The
Project will be located in the existing building and will consist of approximately 7,705 gross
square feet of floor area. Therefore, because the proposed Project is being constructed within
an existing nonconforming structure, would not exceed the existing square footage and
would not increase the degree of nonconformity, the Project is consistent with the cited
provisions of the City’s LCP. Although the proposed square footage would exceed the
maximum FAR for the applicable zone, the building is permitted up to the existing 9,478.72
square feet of floor area.
2. The restaurant building complies with the setback requirements of the NBMC, which are
zero feet on the front, sides, and rear lot lines.
3. The Project would contribute to the CLUP’s vision for a vibrant Mariners’ Mile by
establishing a unique visitor-serving and neighborhood-serving restaurant to the area. (CLUP
at 2-9.) The renovation of the existing building will support local establishments within
Mariners’ Mile and improve the pedestrian landscape.
4. The restaurant is designed with a high level of architectural quality and is compatible with
other buildings in the immediate vicinity, as well as those within the larger Mariners’ Mile
area. The design includes activation of the streetscape, including through the installation of
outdoor trellises and arched windows with views into the restaurant.
5. The Project is consistent with CLUP Policy 2.3.1-1, which specifically permits visitor-
serving eating and drinking establishments in commercial areas.
5
April 3, 2019
6. The Project would facilitate access to the Newport Bay waterfront by drawing patrons to the
restaurant and the area, which would in-turn support existing and future businesses along the
waterfront, including boat rentals, or providing people already enjoying the waterfront with a
unique dining opportunity.
7. The Project’s maximum structural height of its trellised roof complies with the maximum
height allowed in the MU-H1 zoning district of 31 feet for a sloped roof. The elevator shaft
is 32 feet 3 inches in height which can be permitted with approval of a site development
review and CDP and would still be less than the 35 feet maximum allowed under the
Shoreline Height Limit Area (NBMC Section 21.30.060(C).
8. The Project’s orientation and design, particularly the outdoor terrace, integrates visual and
physical pedestrian access to the Newport Bay waterfront and creates a cohesive connection
between the restaurant and surrounding uses.
9. Project buildings incorporate different material and articulation to create contrast and a
pleasing visual aesthetic.
10. The outdoor terrace would improve the visual landscape of the building from Newport
Heights by designing the outdoor space with aesthetic architectural features, such as limited
landscaping elements, as opposed to typically mechanical equipment.
11. The Project Site is visible from West Coast Highway, a coastal view road (per the General
Plan). However, the Project Site is located north of West Coast Highway and would not
obstruct any Newport Bay views from West Coast Highway. Therefore, the Project is
consistent with the General Plan and the CLUP’s polices related to protection of coastal
views from West Coast Highway. (e.g., CLUP Policy 4.4.1-6.)
12. A public viewpoint is also located northwest of the Project Site, from the public park located
along Cliff Drive. The Project will be established within an existing building on a site
already improved with parking lots, structures and landscaping. The Project’s limited
outdoor terrace uses would not obstruct or damage views of Newport Bay from the public
park because (1) the park is substantially higher than the Project Site and located
approximately 350 feet from the Project Site, and (2) the buildings immediately across West
Coast Highway (along the Newport Bay waterfront) are taller than the maximum height of
the Project.
13. The parking areas, access points, and on-site circulation are designed to provide adequate
drive aisles and minimum vehicle turning areas to provide safe access for guests, emergency
vehicles, and refuse collection vehicles.
14. The establishment of an unique restaurant at the Project Site will have a positive impact on
overall economic health of the community and promote further revitalization of other
commercial and mixed-use properties in the area.
6
April 3, 2019
15. The nearest sensitive uses, residences located along Cliff Drive, are located more than 400
feet from the edge of the outdoor terrace and roof and architectural elements. Like the Cliff
Drive park, the residences are also perched upon the cliff, which is substantially higher than
the Project Site. Therefore, the Project’s outdoor dining component would not generate noise
that would negatively impact such sensitive uses.
Finding 2
The project conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or shoreline of
any body of water located within the coastal zone.
Facts in Support of Finding
1. The Project would not conflict with the Coastal Act’s public access and public recreation
policies because (1) it is located in an already existing building, (2) would not obstruct access
to Newport Bay or the waterfront, (3) is served by adequate parking, and (4) would
contribute to pedestrian activation of the area, which would ultimately facilitate access to the
waterfront.
Site Development Review (NBMC Section 20.52.080(F) and Height Limit Exceedance (NBMC
Section 21.30.060(C)(3) and Section 20.30.060(C)(3))
The Project would be constructed to a maximum height of 31 feet, but for the elevator
shaft overrun that allows for handicapped access, which will be constructed to 32 feet 3 inches.
Because the maximum height for pitched roof structures is 31 feet, the elevator shaft overrun
requires the approval of a minor height increase. This height increase is necessary to permit use
and activation of the restaurant’s outdoor terrace, which facilitates patrons’ views of and access
to Newport Bay.
NBMC Section 21.30.060(C)(3) Findings
Finding 1
The project is sited and designed to protect public views to and along the ocean and scenic
coastal areas.
Facts in Support of Finding
1. The Project Site has frontage on West Coast Highway, a coastal view road, as designated by
the General Plan. However, the frontage is on the north site of West Coast Highway and,
therefore, would not obstruct any views of Newport Bay from any coastal view road.
2. A designated public view point exists northwest of the Project Site at the public park on Cliff
Drive. However, that view point is located approximately 450 feet from the Project Site and
is substantially elevated above the Project Site. The outdoor dining terrace, which includes
7
April 3, 2019
limited projections, would not negatively impact existing views from this public view point
because existing buildings located along the Newport Bay waterfront are taller than the
proposed Project.
3. The Project would enhance views of the Project Site from nearby bluff-top residences by
introducing architectural elements, such as landscaping, to the existing building’s rooftop.
This would be an improvement over the traditional HVAC and other mechanical equipment
that usually occupies a building rooftop.
4. The Project would increase public views of Newport Bay by constructing an outdoor dining
terrace that affords patrons limited views of the waterfront (along with the greater Mariners’
Mile area).
Finding 2
The project is sited and designed to minimize visual impacts and be visually compatible with the
character of surrounding areas.
Facts in Support of Finding
1. The Project has been designed to ensure that potential conflicts with surrounding land uses
are minimized to the extent possible to maintain a healthy environment for both businesses
and residents by providing an architecturally pleasing project with articulation and building
elements that enhance the urban environment.
2. The Project is part of a cohesive, already existing commercial center, which is designed to
accommodate and provide safe access for emergency vehicles, delivery trucks, and refuse
collection vehicles, as well as pedestrians.
3. The restaurant will not necessitate high levels of lighting or illumination. However, new
sources of light and illumination will be established with the outdoor dining terrace. All
exterior lighting will comply with NBMC Section 20.30.070, which requires that all outdoor
lighting fixtures be designed, aimed, located, and maintained to shield adjacent properties
from light spillage.
4. The Project’s architectural elements, including trellises, plantings, large windows, and
variation of materials, promote a strong and inviting pedestrian orientation that will
contribute to the revitalization of the area.
5. The Project will strengthen the core “Mariner’s Village” area by establishing a
neighborhood-serving restaurant complimentary to existing uses, consistent with the
Mariners’ Mile Strategic Vision and Design Plan.
Finding 3
Where feasible, the project will restore and enhance visual quality in visually degraded areas.
8
April 3, 2019
Facts in Support of Finding
1. The Project Site is not considered visually degraded. The restaurant would be part of a larger
integrated commercial area – The Garden – which includes other commercial uses and is
subject to recent revitalization.
2. The restaurant building is designed consistent with the Mariners’ Mile Strategic Vision and
Design Plan. Per Section 1.30 of the Mariners’ Mile Strategic Vision and Design Plan, the
Project is within the “Mariner’s Village” area, which is identified as an area presenting a
unique opportunity “for the creation of an active pedestrian-oriented retail district” capable of
serving adjacent neighborhoods, visitors and existing marine uses. The Project will further
this goal by contributing to The Garden, an integrated, well-designed commercial center.
3. Through the development of the outdoor terrace, the Project will replace standard rooftop
mechanical equipment with more aesthetically pleasing architectural features, such as
landscaping and sloped-roof shade structures.
4. The increased pedestrian activity associated with the Project, particularly the activation of the
streetscape and outdoor spaces, will further contribute to the revitalization of the area,
consistent with the goals of the General Plan and CLUP.
Finding 4
Where the project is located in the Shoreline Height Limitation Zone, the project will not exceed
thirty-five (35) feet.
Facts in Support of Finding
1. The Project Site is within the Shoreline Height Limitation Zone, and will not exceed 35 feet
in height.
NBMC Section 21.30.060(C)(3) Findings
Finding 1
The project applicant is providing additional project amenities beyond those that are otherwise
required. Examples of project amenities include, but are not limited to:
i. Additional landscaped open space.
ii. Increased setback and open areas.
iii. Enhancement and protection of public views.
9
April 3, 2019
Facts in Support of Finding
1. The renovation of the 2902 West Coast Highway building, which is independent of the
Project, reduces the overall square footage of the building by removing a section of the
existing building and incorporating a 405 square foot outdoor courtyard.
2. The Project, but for the one-foot three-inch height increase associated with the elevator
overrun, would be consistent with the applicable height limitations outlined in the NBMC.
The Project, even with the limited height increase, would be shorter than adjacent
development projects, including the buildings located directly across West Coast Highway
from the Project Site. Thus, the Project does not negatively impact any public views of
Newport Bay through construction of any obstructions. Moreover, the Project would
contribute new views of the Mariners’ Mile area and of Newport Bay by establishing a
second floor outdoor dining terrace.
Finding 2
The architectural design of the project provides visual interest through the use of light and
shadow, recessed planes, vertical elements, and varied roof planes.
Facts in Support of Finding
1. Project buildings incorporate different material and articulation to create contrast and a
pleasing visual aesthetic.
2. The design includes activation of the streetscape through the installation of outdoor trellises
and arched windows with views into the restaurant.
3. The Project would replace existing unsightly mechanical rooftop equipment with pitched
trellis structures and landscaping, creating a more pleasing visual aesthetic from area views
while not obstructing views of Newport Bay.
4. The Project’s architectural elements include trellises, plantings, large windows, and use of
varying materials that will promote a strong and inviting pedestrian orientation that will
contribute to the revitalization of the area.
5. The 2902 building incorporates different materials, including wood, stone, metal, and
plantings to create contrast and a pleasing visual aesthetic, consistent with surrounding
commercial uses and the Mariners’ Mile Design Guidelines.
Finding 3
The increased height will not result in undesirable or abrupt scale changes or relationships
being created between the proposed structure(s) and existing adjacent developments or public
spaces. Where appropriate, the proposed structure(s) provides a gradual transition to taller or
shorter structures on abutting properties.
10
April 3, 2019
Facts in Support of Finding
1. The structures located immediately across West Coast Highway from the Project Site,
including 2901 and 2801 West Coast Highway are both three-stories, which is taller than the
maximum height of the Project (32 feet 3 inches) and the prevailing height of the Project (31
feet). Thus, the Project creates a pleasing visual transition in height away from Newport Bay
by reducing height compared with nearby structures.
2. The elevator overrun, which is to be constructed to 32 feet 3 inches, is only one foot and
three inches taller than the pitched bar roof and trellis structures located on the second floor
outdoor dining terrace. Because the elevator is setback from the building’s frontage along
West Coast Highway, it appears similar in scale to the permitted, 31-foot trellis and roof
structure which are located closer to West Coast Highway.
3. The Project’s outdoor dining terrace and elevator overrun would be largely obstructed by
other outdoor dining terrace and roof features. Likewise, the outdoor dining terrace and
rooftop will not diminish any significant views of the Newport Bay waterfront from nearby
public areas.
Finding 4
The structure will have no more floor area that could have been achieved without the approval
of the height increase.
Facts in Support of Finding
1. The 2902 building will have no greater floor area than could have been achieved without the
approval of the height increase. The 2902 building, as proposed to be renovated independent
of the Project, actually results in a reduction of approximately 1,026 square feet from the
existing building. Thus, with the Project, the building is actually substantially reducing the
overall square footage below existing, permitted levels.
NBMC Section 20.52.080(F) Findings
Finding 1
The proposed development is allowed within the subject zoning district.
Facts in Support of Finding
1. The Project’s proposed restaurant use is permitted in the MU-MM zoning district.
11
April 3, 2019
Finding 2
The proposed development is in compliance with all of the applicable criteria in NBMC Section
20.52.080(C)(2)(c).
a. Compliance with this Section, the General Plan, this Zoning Code, any applicable
specific plan, and other applicable criteria and policies related to the use or
structure.
b. The efficient arrangement of structures on the site and the harmonious relationship of
the structures to one another and to other adjacent developments; and whether the
relationship is based on standards of good design.
c. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the
site and adjacent developments and public areas.
d. The adequacy, efficiency, and safety of pedestrian and vehicular access, including
drive aisles, driveways, and parking and loading spaces.
e. The adequacy and efficiency of landscaping and open space areas and the use of
water efficient plant and irrigation materials.
f. The protection of significant views from public right(s)-of-way and compliance with
Section 20.30.100 (Public View Protection).
Facts in Support of Finding
1. The Project is consistent with applicable zoning and the General Plan, both of which
designate the Project Site for visitor and neighborhood serving commercial uses. The Project
Site is not subject to an adopted Specific Plan or Planned Community.
2. The Project contributes to the creation of a corridor that reflects and takes advantage of its
location near the Newport Beach waterfront and exhibits a quality visual image for travelers
on West Coast Highway. (General Plan Goal LU 6.19.)
3. The Project facilities pedestrian connection and activity within Mariners’ Mile, including to
Newport Bay, consistent with the Mariner’s Mile Strategic Vision & Design Framework and
the General Plan.
4. The building’s FAR and building footprints comply with the NBMC’s provisions governing
non-conforming structures, and actually constitute a reduction in the permitted square
footage.
5. The Project’s outdoor dining area would be within the height limits established by the
NBMC and would not obstruct existing Newport Bay views from public parks or nearby
12
April 3, 2019
residences. The outdoor dining area’s design elements would replace traditional rooftop
mechanical features with more aesthetically pleasing architectural elements.
6. The height, bulk, and scale of the 2902 West Coast Highway building and the Project’s
proposed outdoor terrace are comparable to the height limits on nearby properties within the
immediate Mariners’ Mile area, which includes multiple two and three story buildings such
as 3000 West Coast Highway (two stories), 2801 West Coast Highway (three stories), 2901
West Coast Highway (three stories), 3101 West Coast Highway (three stories), 3121 West
Coast Highway (six-plus stories), and 3333 West Coast Highway (five stories).
7. The Project’s outdoor dining terrace and architectural elements provide variation within The
Garden and immediately surrounding buildings.
8. The 2902 West Coast Highway building will incorporate different materials including wood,
stone, metal, and plantings to create contrast and a pleasing visual aesthetic, consistent with
the surrounding commercial uses in The Garden development. The outdoor dining terrace
likewise includes plantings and architectural elements consistent with The Garden.
9. The restaurant’s design elements and pedestrian orientation will enhance the Project’s
frontage of West Coast Highway, and will connect residents and visitors to The Garden
development, the Newport Bay waterfront, and the greater Mariners’ Mile area. This will
further facilitate vehicle independence and pedestrian use of nearby resources.
10. All parking areas, access points, and on-site circulation are designed to provide adequate
drive aisles and minimum vehicle turning areas to provide safe access for residents and
guests, emergency vehicles, and refuse collection vehicles.
11. The Project is subject to the City’s Water-Efficient Landscape requirements and compliance
will be confirmed at plan check prior to issuing building permits.
Finding 3
The proposed development is not detrimental to the harmonious and orderly growth of the City,
nor endangers, jeopardizes, or otherwise constitutes a hazard to the public convenience, health,
interest, safety, or general welfare of persons residing or working in the neighborhood of the
proposed development.
Facts in Support of Finding
1. The Project has been designed to ensure that no potential conflicts with surrounding land
uses would occur and to maintain a healthy environment for both businesses and area
residents by providing an architecturally pleasing Project with articulation and building
elements that enhance the urban environment.
2. The General Plan, zoning, and the CLUP envision the Mariners’ Mile area as developed with
residential and visitor serving commercial uses, including dining establishments. The Project
13
April 3, 2019
would facilitate the creation of a village-environment (including at The Garden and the
greater Mariners’ Mile area) that is inviting to nearby residents and visitors alike.
3. The Project Site is served by drive aisles and parking that provide safe access for emergency
vehicles, delivery trucks, and refuse collection vehicles, as well as pedestrians.
4. All trash storage and pick-up will be consistent with the requirements of NBMC Section
20.30.120 (Solid Waste & Recyclable Materials Storage), ensuring compatibility with the on-
site and adjacent uses.
5. While the Project would generate new sources of light, the Project Site is currently developed
with existing uses that also generate light and is located in the heavily developed Mariners’
Mile corridor. Also, all exterior project lighting is required to comply with NBMC Section
20.30.070, which requires that all outdoor lighting fixtures be designed, aimed, located, and
maintained to shield adjacent properties from light spillage.
6. The Project does not introduce uses that would involve the use or manufacture of any
hazardous substances that could impact nearby commercial or residential development.
Conditional Use Permit for (1) Shared Parking, (2) Alcohol Sales Findings (NBMC Section
20.48.030), and (3) Food Service With Late Hours
To accommodate restaurant parking, the Project will (1) share parking with other, non-
competing uses at The Garden and (2) utilize off-site parking at 215 Riverside (for employees of
the Project). A conditional use permit is required to permit the joint use of parking spaces at The
Garden and the use of off-site parking spaces. The restaurant would include alcoholic beverage
sales, necessitating the approval of a conditional use permit, and late hours food service.
Finding 1
The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding
1. The Project is consistent with applicable zoning and the General Plan, both of which
designate the site, particularly the West Coast Highway frontage, for commercial uses. The
Project Site is not subject to an adopted Specific Plan or Planned Community.
2. The Project proposes a restaurant at 2902 West Coast Highway, which is permitted by the
MU-H1 designation and MU-MM zoning of the site.
3. The Project will contribute to the creation of a pedestrian-friendly commercial district,
accessible to area residents and visitors, which will promote access to the waterfront and
achieve the goals outlined by the Mariners’ Mile Strategic Vision and Design Plan for the
site area.
14
April 3, 2019
4. The restaurant will serve upland residential neighborhoods, consistent with General Plan
Policy LU 6.19.4, by providing a restaurant space near the waterfront and other commercial
uses.
5. The Project contributes to the creation of a corridor that reflects and takes advantage of its
location near the Newport Beach waterfront by increasing pedestrian views of and access to
the waterfront, and exhibits a quality visual image for travelers on West Coast Highway.
(General Plan Goal LU 6.19.)
6. The Project would contribute to the revitalization of Mariners’ Mile by establishing a unique
restaurant with accessibility to other amenities of the area and an outdoor terrace allowing
patrons views of Newport Bay.
7. The Project will facilitate pedestrian connection and activity near the waterfront of Newport
Bay, consistent with the Mariner’s Mile Strategic Vision & Design Framework and the
General Plan. The Strategic Vision’s goal for Mariner’s Village area of the Mariners’ Mile
includes a more human-scale streetscape with inviting street furnishings, functional
sidewalks, and local-serving tenants such as upscale markets, cafes, and specialty retail uses.
A restaurant at this location helps to establish and improve upon a local-serving and visitor-
serving environment, enhancing the character of the area, and providing a complementary
commercial use as intended within the Mariner’s Village core.
8. The Project’s parking is conveniently located to serve the restaurant, with approximately 123
shared stalls available within The Garden commercial center.
9. All employees of The Garden, including the Project, will park off-site at 215 Riverside, thus
further reducing parking demand at The Garden and ensuring adequate parking to serve all
uses, including the Project.
Finding 2
The use is allowed within the applicable zoning district and complies with all other applicable
provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding
1. The use is allowed within the applicable zoning district, which permits development of
properties fronting on Coast Highway with freestanding commercial uses, including food
service uses with alcohol service.
Finding 3
The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity.
15
April 3, 2019
Facts in Support of Finding
1. The restaurant is compatible with the surrounding uses of the area, which include retail,
automobile sales, restaurants, and other commercial uses.
2. The Project will contribute to the revitalization of the area, particularly the creation of an
integrated commercial center – The Garden – located at West Coast Highway and Riverside
Avenue.
3. The CLUP envisions the Mariners’ Mile corridor as a series of distinct retail, mixed-use, and
visitor-serving centers. The Project contributes to achievement of this vision by providing a
restaurant that facilitates the creation of a pedestrian-oriented environment, as well as
providing new opportunities to experience coastal views.
4. The Project will provide parking adequate to serve the restaurant through shared parking and
non-conflicting peak hours with other uses in the surrounding commercial center, as well as
off-site parking.
5. The main point of access to the restaurant would be from West Coast Highway. However,
there are three additional points of ingress and egress to The Garden, including two along
Avon Street and two on Riverside Avenue. These access points are sufficient to provide safe
pedestrian and vehicular access to the Project.
6. As discussed above, the Project’s proposed outdoor terrace would not negatively impact
public or private views in the area.
7. The Mariner’s Mile Strategic Vision & Design Framework identifies the Project Site area as
to be developed with a human-scale streetscape with functional sidewalks and local-serving
tenants such as restaurants and retail uses. A restaurant at this location helps to establish and
improve the existing neighborhood-serving amenities in the area, thus enhancing the
character of the area.
Finding 4
The site is physically suitable in terms of design, location, shape, size, operating characteristics,
and the provision of public and emergency vehicle (e.g., fire and medical) access and public
services and utilities.
Facts in Support of Finding
1. The Project provides access for emergency and non-emergency vehicles as required by the
NBMC.
2. The restaurant is projected to have peak operating hours that will not compete with other
uses, including retail, existing or planned for The Garden. Thus, the parking and access
16
April 3, 2019
available at The Garden (and directly to the restaurant) will not create any conflicts with
existing or proposed uses.
3. Appropriate sight distance is provided at each driveway. The Project’s parking areas, access
points, and on-site circulation are designed to provide adequate drive aisles and minimum
vehicle turning areas to provide safe access for guests, emergency vehicles, and refuse
collection vehicles.
4. The Project complies with the applicable standards (including FAR and setbacks) of the
General Plan and NBMC, ensuring compatibility with adjacent development.
Finding 5
Operation of the use at the location proposed would not be detrimental to the harmonious and
orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the
public convenience, health, interest, safety, or general welfare of persons residing or working in
the neighborhood of the proposed use.
Facts in Support of Finding
1. The Project has been designed to ensure that potential conflicts with surrounding land uses
are minimized to the extent possible to maintain a healthy environment for both businesses
and residents by providing an architecturally pleasing project with articulation and building
elements that enhance the urban environment.
2. The Project’s buildings were designed to accommodate and provide safe access for
emergency vehicles, delivery trucks, and refuse collection vehicles, as well as patrons and
pedestrians.
3. The restaurant would introduce a new visitor and neighborhood-serving use into an area
(Mariners’ Mile) intended for revitalization through the establishment of a resident and
pedestrian-friendly environment close to jobs, commerce, entertainment, and recreation.
4. All exterior lighting is required to comply with NBMC Section 20.30.070, which requires
that all outdoor lighting fixtures be designed, aimed, located, and maintained to shield
adjacent properties from light spillage.
5. Mariners’ Mile is intended to be a regional commercial, neighborhood- and visitor-serving
destination. The restaurant, including its alcoholic beverage sales, is a commercial use
intended to serve visitors, residents, and employees of the broader Mariners’ Mile and,
therefore, is consistent with the General Plan, zoning, and the CLUP.
6. The proposed outdoor dining terrace, and associated architectural elements, promote a more
human-scale streetscape by engaging patrons with the West Coast Highway frontage and
nearby public places, and contributes to a more functional, pedestrian oriented sidewalk
along West Coast Highway.
17
April 3, 2019
7. The Project will have a positive impact on the overall economic health of the community and
may promote further revitalization of the other commercial properties within the Mariners’
Mile area.
Finding 6
The use is consistent with the purpose and intent of Zoning Code Section 20.48.030 (Alcohol
Sales).
i. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses,
and any uses that attract minors.
iv. The proximity to other establishments selling alcoholic beverages for either off-site or
on-site consumption.
v. Whether or not the proposed amendment will resolve any current objectionable
conditions.
Facts in Support of Finding
1. The Project is within Reporting District 25, which has a higher crime rate than the citywide
average. However, the higher crime rate is attributable to the high number of visitors to
Mariners’ Mile, as opposed to other areas of the City, and the high ratio of non-residential to
residential uses. The Project would introduce a use that is consistent with those existing in
the Mariners’ Mile area (restaurants and other commercial uses), and would operate
consistent with the requirements of the CUP, as well as the Operator License, as approved by
the Chief of Police, and any conditions contained therein. Moreover, the restaurant is
proposed as a fine dining establishment.
2. The restaurant includes lighting consistent with NBMC, which will deter crime activities in
the area. Likewise, the Project is a component of a larger commercial center – The Garden –
which is also illuminated consistent with applicable standards.
3. The Project will enhance the pedestrian experience within the area and along the street as a
result of new landscaping and the restaurant design, e.g., architectural windows facing the
street, that will serve as a further deterrent to crime in the area.
18
April 3, 2019
4. The Project’s proposed alcohol sales is accessory to, and consistent with, the restaurant use.
The floor plan, hours of operation, and operational characteristics of the proposed restaurant,
including alcoholic beverages sales, are typical of restaurants operating in destination areas
of the City.
5. The subject property is located in a mixed-use district that permits residential development.
However, the restaurant is located within an already-developed parcel as a component of a
larger commercial center. The areas immediately surrounding the property along West Coast
Highway are likewise developed with commercial uses.
6. The nearest sensitive uses include the park and residences located on Cliff Drive, more than
300 feet from the restaurant. There are intervening structures and uses that buffer the park
and residences from the Project.
7. Mariners’ Mile is generally characterized by a high number of visitors, both from inside the
Newport Beach community and outside, and restaurants with alcohol service are anticipated
amenities within the Mariners’ Mile.
8. There are other food and alcohol service establishments within the vicinity of the Project.
However, that is expected within the Mariners’ Mile, which is intended for the establishment
of visitor-serving restaurant uses, among other things. Mariners’ Mile is a popular tourist
and resident destination, and the Project will contribute to the creation of a “village”
environment that further revitalizes the area.
9. There are currently no objectionable conditions at the Project Site that need to be resolved.
10. The service of alcohol is intended for the convenience of customers dining at the restaurant.
Operational conditions of approval relative to the sale of alcoholic beverages will help ensure
compatibility with surrounding uses and minimize alcohol related impacts.
11. The restaurant use is located within a developed commercial center – The Garden – and area
– Mariners’ Mile – designated and zoned to include such development. The General Plan
and zoning permit eating and drinking establishments, and recognize Mariners’ Mile as a
resident and visitor destination with uses intended to serve those patrons.
12. The restaurant is located in a highly-traveled commercial area that is occupied by a mixture
of office, retail, and general commercial uses. It is anticipated that the Project will serve
visitors, residents, and employees of nearby offices businesses within the Mariners’ Mile and
surrounding areas. Adding alcohol service to the menu will complement the food service and
provide for the convenience of customers.
Late Hours Operation (NBMC § 20.48.090(F)(3)(a)
The restaurant, which would serve both food and alcohol, would operate from 10:00 AM
to 2:00 AM, Monday – Thursday, and 9:00 AM to 2:00 AM, Friday – Sunday. Therefore, due to
the late hours of operation (after 11:00 PM) and because the restaurant will include alcoholic
19
April 3, 2019
beverage sales, an Operator License must be approved by the City’s Chief of Police, as required
by NBMC Chapter 5.25. Additionally, when considering a permit to allow restaurant eating and
drinking establishments to operate with late hours, the review authority must consider potential
impacts on adjacent or nearby uses
Finding 1
The review authority shall consider the following potential impacts upon adjacent or nearby
uses:
i. Noise from music, dancing, and voices associated with allowed indoor or outdoor uses
and activities.
ii. High levels of lighting and illumination.
iii. Increased pedestrian and vehicular traffic activity during late night and early morning
hours.
iv. Occupancy loads of the use.
v. Any other factors that may affect adjacent or nearby uses.
Facts in Support of Finding
1. The restaurant, which would serve both food and alcohol, would operate from 10:00 AM to
2:00 AM, Monday – Thursday, and 9:00 AM to 2:00 AM, Friday – Sunday, and will provide
continual food service (breakfast, lunch, dinner, after-dinner) until closing. Therefore, due to
the late hours of operation (after 11:00 PM), approval of an Operator License by the Newport
Beach Police Department will be required. An Operator License required pursuant to NBMC
Chapter 5.25 may be subject to additional and/or more restrictive conditions to regulate and
control potential nuisances associated with the operation of the restaurant, at the discretion of
the City’s Police Chief. The Operator License will help ensure compatibility of the proposed
business with the surrounding uses in the vicinity.
2. All lighting at the Project Site will comply with the standards of the NBMC. The nearest
residences are located more than 400 feet from the edge of the outdoor terrace, which will be
a source of light. However, the significant distance between the terrace and residences, and
compliance with all lighting requirements, will ensure that lighting will not impact those
residences. Also, the Project Site fronts on West Coast Highway, a major thoroughfare in the
City, and a source of substantial ambient light. The Project’s lighting will not markedly
increase ambient light in the vicinity.
3. Mariners’ Mile is a well-established commercial area. The Project would introduce a new
restaurant consistent with the goals of the General Plan and zoning for Mariners’ Mile,
particularly establishing a pedestrian friendly environment that facilitates access and use of
Newport Bay. The Project would not substantially increase vehicular traffic to the area or
20
April 3, 2019
create traffic that would be inconsistent with the goals of Mariners’ Mile. All of the nearest
sensitive uses, particularly the residences along Cliff Drive, are separated from Mariners’
Mile and its circulation system by bluffs and other natural features. Also, there are multiple
major points of ingress and egress from the Project Site and Mariners’ Mile, including Coast
Highway and Newport Boulevard. With such access, it is not anticipated that patrons of the
restaurant would travel through residential neighborhoods, including during late night or
early morning hours. As such, traffic from the restaurant will not impact sensitive receptors.
4. No live entertainment, dancing, or other significant source of noise is proposed with the
Project, either inside or outside.
320501582.5